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Louisiana Fellas Win Right to Be Father & Father on Adopted Son’s Birth Certificate

2dads

If a gay couple adopts a child in New York, they’re now entitled to list both names on the birth certificate as parents. In Louisiana, that’s not allowed, owing to adoption regulations that forbid “single” (read: unwed) individuals from even adopting children there. But what if a gay Louisiana couple adopts a child from New York? Well, things get murky, until they don’t:

Louisiana has 15 days to add the names of both fathers to the birth certificate of a boy born in Shreveport and adopted by a gay couple from out-of-state, a federal judge has ruled. The state is asking the 5th U.S. Circuit Court of Appeals to overturn the ruling by U.S. District Judge Jay Zainey, and to halt the order in the meantime, state Attorney General Buddy Caldwell said Thursday.

“The federal district court has significantly misinterpreted Louisiana vital records law, forcing Louisiana to import and adopt New York law,” he wrote in a brief e-mailed statement.

Oren Adar and Mickey Ray Smith, who now live in San Diego, but adopted the boy in New York state, want both their names on his birth certificate.

State officials say that’s illegal because, under Louisiana law, two single people cannot adopt a child. Zainey ruled in December that because the adoption became formal in New York, the Office of Vital Records must recognize that state’s adoption law on the matter. New York officials decided in January that same-sex couples could list both names on their children’s birth certificates. [SJMN]

Photo: Flickr/chadisalem

By:           editor editor
On:           Mar 20, 2009
Tagged: , ,

  • 4 Comments
    • Strepsi
      Strepsi

      I love it.
      As more and more of these inconsistencies come to light, it will finally become apparent that the only true equality is FEDERAL EQUALITY, and that Obama and McCain’s ridiculous “State issue” view is unworkable.

      Mar 20, 2009 at 11:06 am · @ReplyReply to this comment ·
    • strumpetwindsock
      strumpetwindsock

      Good news!

      We had an equally murky (actually very good news) case here last year involving a lesbian couple and the birth father, who was actively involved in the family. An Ontario court recognized all three of them as parents:
      http://www.cbc.ca/canada/toronto/story/2007/01/03/twomom-court.html

      Mar 20, 2009 at 11:48 am · @ReplyReply to this comment ·
    • strumpetwindsock
      strumpetwindsock

      And Strepsi… I agree with you that ultimately your country will have to deal with these equality issues on the federal level. Marriage and family law are provincial jurisdiction here too, but the ruling to recognize marriage equality was made by our federal Supreme Court.
      George W already threw down the gauntlet in your country. Sooner or later somebody – pro or con – is going to take this to your supreme court or try to change your federal constitution.

      Mar 20, 2009 at 11:54 am · @ReplyReply to this comment ·
    • Attmay
      Attmay

      Child of a gay couple or fan of a bad, short-lived 80s sitcom?

      Mar 20, 2009 at 4:54 pm · @ReplyReply to this comment ·

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